[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Notices]
[Pages 70093-70094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27918]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
North Carolina

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitations on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

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SUMMARY: This notice announces action taken by the FHWA and other 
Federal Agencies that is final within the meaning of 23 U.S.C. 
139(l)(1). This final agency action relates to a proposed highway 
project, Bonner Bridge Replacement Project along NC 12, from Rodanthe 
to Bodie Island in Dare County, North Carolina. The FHWA's Record of 
Decision (ROD) identifies the Bridge within the Existing NC 12 Easement 
Alternative as the selected alternative for Phase IIa of the Bonner 
Bridge Replacement Project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before April 21, 2014. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Clarence W. Coleman, P. E., 
Director of Preconstruction and Environment, Federal Highway 
Administration, North Carolina Division, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014; 
email: [email protected]. FHWA North Carolina Division Office's 
normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the 
North Carolina Department of Transportation (NCDOT): Richard Hancock, 
P.E., Environmental Director, Project Development and Environmental 
Analysis, North Carolina Department of Transportation (NCDOT), 1 South 
Wilmington Street (Delivery), 1548 Mail Service Center, Raleigh, North 
Carolina 27699-1548; Telephone (919) 707-6000, [email protected] 
NCDOT--Project Development and Environmental Analysis Branch Office's 
normal business hours are 8 a.m. to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Record of Decision (ROD) for the 
following highway project in the State of North Carolina: Pea Island 
Long-Term Improvements for Phase IIa of the Bonner Bridge Replacement 
Project along Highway NC 12 in Dare County, North Carolina. The project 
is also known as State Transportation Improvement Program (STIP) 
Project B-2500A, and is part of the second phase (Phase IIa) of the 
Parallel Bridge Corridor/Transportation Management Plan (PBC/TMP), 
which was identified as the selected alternative for Phase I of the 
Bonner Bridge Replacement Project (STIP No. B-2500) in the Record of 
Decision (ROD) approved by FHWA on December 20, 2010. The NC 12 PBC/TMP 
addresses the length of the entire project for STIP No. B-2500, from 
the Village of Rodanthe to Bodie Island. The TMP is guiding the 
implementation of future phases of the project through 2060.
    Located along the Outer Banks of North Carolina, the selected 
alternative for Phase IIa proposes to construct a bridge in the 
existing NC 12 easement approximately 2.1 miles in length to replace 
the existing surface road and the temporary bridge over the Pea Island 
inlet. The total approximate length of Phase IIa (including approaches) 
is 2.4 miles. Pea Island inlet formed as a result of Hurricane Irene in 
August 2011.
    The FHWA's action, related actions by other Federal agencies and 
the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (FEIS)/Final Section 4(f) 
Evaluation for the project, approved on September 17, 2008; the Revised 
Final Section 4(f) Evaluation, approved on October 9, 2009; the 
Environmental Assessment, approved on May 7, 2010; the FHWA ROD 
approved on December 20, 2010, for Phase I and the PBC/TMP for the 
remainder of the project; the Phase IIa Environmental Assessment, 
approved February 12, 2013; the FHWA ROD for Phase IIa approved on 
October 7, 2013, and other documents in the project file. The above 
documents are available for review by contacting the FHWA or the NCDOT 
at the addresses provided above. In addition, these documents can be 
viewed and downloaded from the project Web site at http://
www.ncdot.gov/projects/

[[Page 70094]]

bonnerbridgereplace/. This notice applies to all Federal agency 
decisions as of the issuance date of this notice and all laws under 
which such actions were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321- 4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Coastal Barrier Resources Act [16 U.S.C. 3501-
3510].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Marine 
Mammal Protection Act [16 U.S.C. 1361-1407]; Anadromous Fish 
Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife 
Coordination Act [16 U.S.C. 661- 667(d)]; Migratory Bird Treaty Act [16 
U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and Management 
Act [16 U.S.C. 1801 et. seq.], National Wildlife Refuge System 
Administration Act [16 U.S.C. 668dd-ee] as amended, and the Refuge 
Recreation Act [16 U.S.C. 460k-460k-4].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [16 U.S.C. 470(f)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)- 2000(d)(1)].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 
4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-
300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Wild 
and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands 
Resources Act [16 U.S.C. 3921, 3931]; TEA-21 Wetlands Mitigation [23 
U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA; 42 U.S.C. 
11011 et seq.); Resource Conservation and Recovery Act (RCRA) [42 
U.S.C. 6901-6992(k)].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species; and E.O. 13186--Responsibilities 
of Federal Agencies to Protect Migratory Birds.
    This notice does not apply to those pending environmental 
permitting decisions.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Research, Planning and Construction. The regulations 
implementing Executive Order 12372 regarding intergovernmental 
consultation on Federal programs and activities apply to this 
program.)

    Authority:  23 U.S.C. 139(l)(1)

    Issued on: November 13, 2013.
Clarence W. Coleman,
Director of Preconstruction and Environment, Raleigh, North Carolina.
[FR Doc. 2013-27918 Filed 11-21-13; 8:45 am]
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